TMI Tax Updates - e-Newsletter
January 4, 2012
Case Laws in this Newsletter:
Income Tax
Service Tax
Central Excise
Articles
By: DEVKUMAR KOTHARI
Summary: The article discusses the complexities of tax laws and the need for limits on rectification, revision, and reassessment proceedings to prevent unnecessary litigation and harassment. It highlights that different interpretations of tax laws can lead to varied rulings and emphasizes that a view favorable to the taxpayer should be adopted. The article criticizes audit objections as a source of unnecessary litigation and suggests setting monetary thresholds for initiating proceedings. It stresses the importance of proper guidelines to avoid unwarranted actions and calls for checks to prevent unjust assessments. A recent Delhi High Court case illustrates the issue of reopening assessments based on changes in opinion.
By: NIDHI JAIN
Summary: The article addresses the disparity between accounting standards and tax laws concerning financial leases, focusing on depreciation allowances. While accounting standards like AS 19 require capitalization of leased assets by lessees, tax laws have not fully recognized financial leases, creating uncertainty. The Direct Taxes Code (DTC) attempts to define financial leases, shifting depreciation claims to lessees, but its definition is flawed. The article discusses the theory of "form vs. substance," emphasizing the need for clear tax laws to benefit the leasing industry. It reviews relevant legal cases, highlighting ongoing challenges in aligning tax and accounting treatments for financial leases.
News
Summary: The Central Government of India has issued a notification to provide average service tax refund rates for goods exported from India, ranging from 0.03% to 0.20% of the F.O.B. value. This applies to 18 identified services used beyond the factory gate, as part of a simplified scheme announced by the Union Finance Minister in 2011. The service tax refunds will be processed through the Indian Customs EDI System, allowing direct credit to exporters' bank accounts, minimizing public interaction, and reducing transaction costs. Customs Officers are granted powers to facilitate this process, enhancing e-enabled service delivery for exporters.
Summary: The Government of India announced the re-issue of three government stocks through a price-based auction. These include the 7.83% Government Stock 2018 for Rs.4,000 crore, the 8.79% Government Stock 2021 for Rs.7,000 crore, and the 8.28% Government Stock 2032 for Rs.3,000 crore. The Reserve Bank of India will conduct the auctions on January 6, 2012, using a uniform price method. Up to 5% of the stocks are reserved for eligible individuals and institutions under a non-competitive bidding facility. Results will be announced on the same day, with payments due by January 9, 2012.
Summary: The Central Board of Excise and Customs (CBEC) under India's Ministry of Finance has issued a notification detailing the tariff values for various commodities, including edible oils, brass scrap, and poppy seeds. The tariff values for crude palm oil, RBD palm oil, other palm oils, crude palmolein, RBD palmolein, other palmolein, and crude soybean oil remain unchanged. The tariff value for brass scrap is set at $3,993 per metric tonne, and for poppy seeds, it is $1,970 per metric tonne. This notification was released on December 30, 2011.
Summary: India's exports in November 2011 were valued at $22.32 billion, marking a 3.87% increase from November 2010. Cumulative exports from April to November 2011 reached $192.69 billion, showing a 33.21% growth. Imports in November 2011 were $35.92 billion, a 24.55% rise compared to the previous year, with cumulative imports for the same period at $309.53 billion, up 30.24%. Oil imports in November 2011 increased by 32.28%, while non-oil imports rose by 21.69%. The trade deficit for April-November 2011 was $116.84 billion, higher than the $93.00 billion deficit in the same period of the previous year.
Summary: The Indian government has allowed Qualified Foreign Investors (QFIs) to directly invest in the Indian equity market to broaden the investor base, attract foreign funds, and reduce market volatility. Previously, only FIIs, sub-accounts, and NRIs could directly invest. This move follows the earlier decision allowing QFIs access to Indian Mutual Funds. QFIs must comply with FATF and IOSCO standards and invest through SEBI-registered Qualified Depository Participants. Individual and aggregate QFI investment limits are set at 5% and 10% of a company's paid-up capital, respectively. The scheme aims to deepen the Indian capital market and increase foreign inflows.
Summary: The Finance Ministry clarified that the Income Tax Department is not harassing industries through indiscriminate raids. Searches and seizures are based on specific information about tax evasion, and the use of technology helps select cases for scrutiny. The number of search warrants and surveys has decreased compared to previous years. From April to October 2011, 2,190 search warrants were executed, a decline from 2,548 in the same period the previous year. The department emphasizes that only a small fraction of taxpayers face such actions, and the significant undeclared incomes detected justify these measures.
Notifications
Central Excise
1.
45/2011 - dated
30-12-2011
-
CE
Amends Notification No.21 /2005-Central Excise, dated the 13th May, 2005 to affect the HSN changes w.e.f. 01.01.2012
Summary: The Government of India, through the Ministry of Finance's Department of Revenue, issued Notification No. 45/2011-Central Excise, amending Notification No. 21/2005-Central Excise dated 13th May 2005. This amendment, effective from 1st January 2012, updates the Harmonized System of Nomenclature (HSN) codes in the notification's table. Specifically, it changes the code "2403 10 10" to "2403 11 10" and "2403 10 90" to "2403 19 90." This action is taken under the authority of the Central Excise Act, 1944, and the Finance Act, 2001, in the public interest.
2.
44/2011 - dated
30-12-2011
-
CE
Amends Notification No. 26/2001-Central Excise, dated the 11th May, 2001 to affect the HSN changes w.e.f. 01.01.2012
Summary: Notification No. 44/2011-Central Excise, issued by the Government of India, amends Notification No. 26/2001-Central Excise to incorporate changes in the Harmonized System of Nomenclature (HSN) effective from January 1, 2012. The amendments involve substituting entries in the notification's table, specifically changing the codes for certain items. This update is made under the authority of the Central Excise Act, 1944, and the Finance Act, 2001, as deemed necessary in the public interest. The notification was published on December 30, 2011, and will be enforced from the specified effective date.
3.
43 /2011 - dated
30-12-2011
-
CE
Amends the various Notification to affect the HSN changes w.e.f. 01.01.2012
Summary: The Government of India, through the Ministry of Finance, issued Notification No. 43/2011-Central Excise on December 30, 2011, amending various Central Excise notifications to reflect changes in the Harmonized System of Nomenclature (HSN) effective January 1, 2012. The amendments involve updates to tariff entries in several notifications, including those from 1993, 1996, 2006, 2008, 2009, and 2011. The adjustments include substitutions and omissions of specific tariff items to align with the updated HSN codes. These changes are intended to ensure compliance and standardization in the classification of goods for excise purposes.
4.
42/2011 - dated
30-12-2011
-
CE
Amends notification Nos. 62/1995-Central Excise, dated the 16th March, 1995 and 20/2005-Central Excise, dated the 13th May, 2005 to affect the HSN changes w.e.f. 01.01.2012
Summary: The Government of India, through the Ministry of Finance, has issued Notification No. 42/2011-Central Excise, amending previous notifications No. 62/1995 and No. 20/2005 to incorporate changes to the Harmonized System of Nomenclature (HSN) effective from January 1, 2012. The amendments involve substituting specific classification codes within the notifications to reflect updated HSN codes. These changes are made under the authority of the Central Excise Act, 1944, and the Additional Duties of Excise (Goods of Special Importance) Act, 1957, and are deemed necessary in the public interest.
5.
33/2011 - dated
30-12-2011
-
CE (NT)
Appointment of Central Excise Officers in relation to service tax refunds arising out of Notification No. 52/2011-Service Tax, dated 30.12.2011
Summary: The Government of India, through the Ministry of Finance's Department of Revenue, issued Notification No. 33/2011 on December 30, 2011, appointing specific Customs Officers as Central Excise Officers. These appointments, made under the Central Excise Rules, 2002, and the Service Tax Rules, 1994, empower the designated officers to handle service tax refunds related to Notification No. 52/2011-Service Tax. The notification specifies equivalent ranks for Customs and Central Excise Officers, ranging from Commissioner to Inspector, and applies to the jurisdiction defined in Notification No. 15/2002-CUSTOMS (N.T.), as amended.
6.
32/2011 - dated
30-12-2011
-
CE (NT)
Amends Central Excise Rules, 2002 - Provisions for filing of central excise return in case of Manufacturers of processed yarn, unprocessed fabrics and readymade garments modified.
Summary: The Central Government has amended the Central Excise Rules, 2002, specifically modifying the provisions for filing central excise returns by manufacturers of processed yarn, unprocessed fabrics, and readymade garments. The changes, effective from January 31, 2012, include the omission of the second proviso in Rule 12, sub-rule (1), and the substitution of wording in the third proviso. These amendments were made under the authority of Section 37 of the Central Excise Act, 1944, and are detailed in Notification No. 32/2011-Central Excise (N.T.), issued by the Ministry of Finance, Department of Revenue.
7.
31/2011 - dated
30-12-2011
-
CE (NT)
Amends Notification No.16/2011-Central Excise (N.T.) - Manufacturers of processed yarn, unprocessed fabrics and readymade garments to file quarterly return in ER-3 for the period 1.10.2011 to 31.12.2011
Summary: The Government of India has issued Notification No. 31/2011-Central Excise (N.T.), amending Notification No. 16/2011-Central Excise (N.T.). This amendment requires manufacturers of processed yarn, unprocessed fabrics, and readymade garments to file a quarterly return in Form ER-3 for the period from October 1, 2011, to December 31, 2011. This directive is issued under the authority of the Central Excise Rules, 2002, and the CENVAT Credit Rules, 2004. The notification was published in the Gazette of India on December 30, 2011.
8.
30/2011 - dated
30-12-2011
-
CE (NT)
Amends Notification No. 49/2008-Central Excise (N.T.), dated the 24th December, 2008 to affect the HSN changes w.e.f. 01.01.2012
Summary: The Government of India has issued Notification No. 30/2011-Central Excise (N.T), amending Notification No. 49/2008-Central Excise (N.T.) to incorporate changes in the Harmonized System of Nomenclature (HSN) effective from January 1, 2012. The amendments involve the omission of serial numbers 135, 136, and 137, and the addition of a new serial number 144, which pertains to all goods under code 9619. This notification is enacted under the authority of the Central Excise Act, 1944, and aims to align with public interest requirements.
Customs
9.
130/2011 - dated
30-12-2011
-
Cus
Seeks to amend notification no. 119/2010-Customs, dated 19th November, 2010 so as to revoke anti dumping duty on subject goods originating in or exported from Saudi Arabia
Summary: The Government of India, through the Ministry of Finance, has issued Notification No. 130/2011-Customs, dated December 30, 2011, to amend Notification No. 119/2010-Customs. This amendment revokes the anti-dumping duty on certain goods imported from or originating in Saudi Arabia. The change involves omitting serial numbers 5 to 13 from the notification's table, effective from the date of publication in the Official Gazette. This action is taken under the authority of the Customs Tariff Act, 1975, specifically under section 9A.
10.
129/2011 - dated
30-12-2011
-
Cus
Amends Notification No.27/2011-Customs, dated the 1st March, 2011
Summary: The Government of India, through the Ministry of Finance's Department of Revenue, issued Notification No. 129/2011-Customs, amending Notification No. 27/2011-Customs dated March 1, 2011. Exercising powers under the Customs Act, 1962, the Central Government deemed it necessary for public interest to omit specific entries in the original notification. Specifically, Serial Numbers 21 and 22, along with their related entries, have been removed from the table in the notification.
11.
128/ 2011 - dated
30-12-2011
-
Cus
Amends notification no. 53/2011-Cus dated 1-7-2011 so as to effect HSN changes as well as to provide deeper tariff cut to Malaysia.
Summary: The Government of India, through the Ministry of Finance, has issued Notification No. 128/2011-Customs, amending Notification No. 53/2011-Customs dated July 1, 2011. This amendment, effective January 1, 2012, involves changes to the Harmonized System of Nomenclature (HSN) and provides a deeper tariff reduction for Malaysia. The amendment is made under the powers granted by the Customs Act, 1962, and is deemed necessary in the public interest. The revised notification is set to be published in the Gazette of India.
12.
127/ 2011 - dated
30-12-2011
-
Cus
Amends notification no. 46/2011-Cus dated 1-6-2011 so as to effect HSN changes as well as to provide deeper tariff cut to ASEAN nations.
Summary: Notification No. 127/2011-Customs, issued by the Government of India, amends the prior notification No. 46/2011-Customs dated June 1, 2011. This amendment, effective from January 1, 2012, incorporates changes to the Harmonized System of Nomenclature (HSN) and introduces deeper tariff reductions for ASEAN nations. The notification is executed under the powers granted by section 25 of the Customs Act, 1962, and is deemed necessary in the public interest. The changes include a substitution of the existing table in the original notification.
13.
126/2011 - dated
30-12-2011
-
Cus
Amends notification no. 116/2010-Cus dated 1-11-2010 (Special dispensation for Brunei Darussalam under ASEAN-India FTA).
Summary: The Government of India, through the Ministry of Finance, has issued Notification No. 126/2011-Customs, amending Notification No. 116/2010-Customs dated November 1, 2010. This amendment, effective from January 1, 2012, changes the customs duty rate from "2% ad valorem" to "1% ad valorem" for imports under the ASEAN-India Free Trade Agreement, specifically for Brunei Darussalam. This change is made under the authority of the Customs Act, 1962, and is deemed necessary in the public interest.
14.
125/2011 - dated
30-12-2011
-
Cus
Supersedes notification no 67/2006-Cus and 68/2006-Cus both dated 30-06-2006 and provides deeper tariff cuts to NLDCs (Srilanka & Pakistan) under SAFTA.
Summary: The notification dated December 30, 2011, issued by the Government of India under the Ministry of Finance, supersedes previous notifications from June 30, 2006, to provide deeper tariff cuts under the South Asian Free Trade Area (SAFTA) for imports from specified countries, including Sri Lanka and Pakistan. The notification exempts certain goods from customs duties exceeding specified rates, effective January 1, 2012. Importers must demonstrate the origin of goods from listed countries to benefit from these exemptions. The notification includes a comprehensive table detailing tariff cuts across various goods and categories, with specific exceptions outlined in an annexure.
15.
124/ 2011 - dated
30-12-2011
-
Cus
Amends notification no. 69/2011-Cus dated 29-07-2011 so as to effect HSN changes and to provide deeper cuts on two items namely tariff items 8408, 2020 and 870840.
Summary: The notification amends the previous notification No. 69/2011-Cus dated July 29, 2011, to implement changes in the Harmonized System of Nomenclature (HSN) and introduce deeper tariff cuts on two specific items, namely tariff items 8408, 2020, and 870840. Issued by the Ministry of Finance, Department of Revenue, under the Customs Act, 1962, the amendments are deemed necessary in the public interest. The changes are set to take effect from January 1, 2012.
16.
123/ 2011 - dated
30-12-2011
-
Cus
Amends notification no. 152/2009-Cus dated 31-12-2009 so as to provides deeper tariff cuts as agreed under India-Korea CEPA and effects HSN changes as well.
Summary: The Government of India has amended Notification No. 152/2009-Customs to implement deeper tariff cuts under the India-Korea Comprehensive Economic Partnership Agreement (CEPA) and to incorporate changes in the Harmonized System of Nomenclature (HSN). This amendment is issued under the authority of the Customs Act, 1962, and will take effect from January 1, 2012. The notification replaces the existing table in the original document and is part of the ongoing adjustments to customs tariffs and exemptions to align with international agreements and standards.
17.
122/ 2011 - dated
30-12-2011
-
Cus
Amends Notification No.151/2009-Customs, dated the 31st December, 2009 so as to effect HSN changes.
Summary: The Government of India, through the Ministry of Finance's Department of Revenue, has amended Notification No. 151/2009-Customs dated December 31, 2009, to incorporate changes in the Harmonized System of Nomenclature (HSN). The updated notification, No. 122/2011-Customs, effective from January 1, 2012, revises the table listing various goods under specific chapters, headings, sub-headings, or tariff items. The amendments aim to align with public interest considerations and involve a broad range of goods, including those under categories such as chemicals, textiles, machinery, and electronics.
18.
121 /2011 - dated
30-12-2011
-
Cus
Amends notification no. 28/1995-Cus dated 16-03-1995, 105/1999-Cus dated 10-08-1999, 26/2000-Cus dated 15-03-2000, 76/2003-Cus dated 13-05-2003, 72/2005-Cus dated 22-07-2005, 57/2009-Cus dated 30-05-2009 so as to effect HSN changes.
Summary: The Government of India, through the Ministry of Finance, issued Notification No. 121/2011-Customs on December 30, 2011, amending several prior customs notifications to incorporate changes in the Harmonized System of Nomenclature (HSN). The affected notifications include 28/1995, 105/1999, 26/2000, 76/2003, 72/2005, and 57/2009. These amendments involve substitutions of specific entries in the tables of these notifications to reflect updated HSN codes. The changes are set to take effect from January 1, 2012, ensuring compliance with updated international trade classification standards.
19.
120 /2011 - dated
30-12-2011
-
Cus
Amends Notification No. 21/2002-Customs, dated the 1st March, 2002
Summary: The Government of India, through the Ministry of Finance, has issued Notification No. 120/2011-Customs, amending the earlier Notification No. 21/2002-Customs dated March 1, 2002. These amendments involve changes to specific entries in the notification's table, substituting new codes for existing ones against several serial numbers. The changes affect product codes related to various goods, including seafood, nuts, grains, and other commodities. This amendment will take effect from January 1, 2012. The notification is part of the government's exercise of powers under the Customs Act, 1962, to implement necessary public interest measures.
20.
119/ 2011 - dated
29-12-2011
-
Cus
Amends Notification No. 69/2004-Customs, dated the 9th July, 2004
Summary: The Government of India, through the Ministry of Finance's Department of Revenue, issued Notification No. 119/2011-Customs on December 29, 2011, amending Notification No. 69/2004-Customs dated July 9, 2004. This amendment, effective January 1, 2012, changes the entry for S. No. 4 in the Table of the original notification to specify "Areca nut falling under subheading 0802 80." This modification is made under the authority of the Customs Act, 1962, and the Finance (No. 2) Act, 2004, in the public interest.
21.
118/ 2011 - dated
29-12-2011
-
Cus
Amends Notification No. 20/2006-Customs, dated the 1st March, 2006
Summary: The Government of India, through the Ministry of Finance (Department of Revenue), has issued Notification No. 118/2011-Customs, amending Notification No. 20/2006-Customs dated March 1, 2006. Effective from January 1, 2012, the amendments involve changes in the tariff entries in the notification's table. Specifically, for serial number 47, the entry "0801" replaces the previous entry, and for serial number 53, the entries "1701 13 10, 1701 14 10" replace the previous entries. This amendment is enacted under the authority of section 25(1) of the Customs Act, 1962.
22.
117/2011 - dated
29-12-2011
-
Cus
Amends Notification No 25/1999-Customs, dated 28th February, 1999, 22/2007-Customs, dated the 1st March, 2007 and 27/2011-Customs, dated the 1st March, 2011
Summary: The Government of India, through the Ministry of Finance, has issued Notification No. 117/2011-Customs, amending previous customs notifications to align with public interest. The amendments involve changes to specific tariff codes in notifications 25/1999-Customs, 22/2007-Customs, and 27/2011-Customs. These changes include substituting certain numerical codes in the respective tables for each notification. The amendments are set to take effect from January 1, 2012. The notification was published in the Gazette of India and is authorized by the Under Secretary to the Government of India.
23.
ORDER F.No.437/72/2010-Cus. IV - dated
3-1-2012
-
Cus (NT)
Appointment of Common Adjudicating Authority
Summary: The Central Board of Excise & Customs has appointed the Commissioner of Customs (Import) at New Custom House, Ballard Estate, Mumbai, as the Common Adjudicating Authority for a Show Cause Notice issued to M/s SNS Enterprises and others. This appointment is made under the authority of Notification No. 15/2002-Customs (N.T.) and pertains to a notice issued by the Directorate of Revenue Intelligence, Mumbai Zonal Unit. The Commissioner was previously assigned a similar adjudication role in a related case involving the same parties.
24.
F.No.437/22/2011-Cus. IV - dated
2-1-2012
-
Cus (NT)
Appointment of Common Adjudicating Authority
Summary: The Government of India, through the Ministry of Finance's Central Board of Excise & Customs, has appointed the Commissioner of Customs (Export Promotion) at New Custom House, Mumbai, as the Common Adjudicating Authority for a specific case. This case involves a Show Cause Notice issued by the Directorate of Revenue Intelligence concerning M/s Shivam Overseas and others. This appointment is in accordance with Notification No. 15/2002-Customs (N.T.) and is intended for adjudication purposes under the Customs Act, 1962. The relevant authorities and departments have been duly informed of this assignment.
25.
F.No.437/21/2011-Cus. IV - dated
2-1-2012
-
Cus (NT)
Appointment of Common Adjudicating Authority
Summary: In accordance with Notification No. 15/2002-Customs (N.T.), the Central Board of Excise & Customs has appointed the Commissioner of Customs (Export Promotion) at New Custom House, Mumbai, as the Common Adjudicating Authority for the adjudication of the Show Cause Notice issued by the Directorate of Revenue Intelligence, Delhi. This notice, dated August 6, 2007, pertains to the case involving M/s Jagraon Exports and others. The assignment aims to facilitate the adjudication process under the Customs Act, 1962.
26.
F.No.437/02/2011-Cus. IV - dated
2-1-2012
-
Cus (NT)
Appointment of Common Adjudicating Authority
Summary: The Central Board of Excise & Customs has appointed the Commissioner of Customs (Preventive) in Jamnagar as the Common Adjudicating Authority for adjudicating a Show Cause Notice related to M/s Sanghi Industries Ltd. and others. This assignment follows Notification No. 15/2002-Customs (N.T.) and involves a notice dated 19.11.2010 and a corrigendum dated 03.01.2011 issued by the Directorate of Revenue Intelligence, Ahmedabad. The order is communicated to relevant customs and revenue intelligence officials for further action.
27.
89/2011 - dated
30-12-2011
-
Cus (NT)
Amends Notification No. 36/2001-Customs(N.T) dated the 3rd August 2001 - fixation of tariff value
Summary: The Government of India, through the Ministry of Finance, has amended Notification No. 36/2001-Customs (N.T.) dated August 3, 2001, concerning the fixation of tariff values on specific goods. The amendment, effective December 30, 2011, retains existing tariff values for various palm oils and crude soybean oil, while setting new values for brass scrap at $3993 per metric tonne and poppy seeds at $1970 per metric tonne. This amendment is issued under the authority granted by the Customs Act, 1962, and is recorded as Notification No. 89/2011-Customs (N.T.).
SEZ
28.
S.O. 2838(E) - dated
20-12-2011
-
SEZ
SEZ Act Under Section 4 - Set up a sector specific Special Economic Zone for information technology and information technology enabled service at Village Gangaikondan, Taluka Tirunelveli, District Trunelveli in the State of Tamil Nadu;
Summary: The Ministry of Commerce and Industry has approved the expansion of a sector-specific Special Economic Zone (SEZ) for information technology and IT-enabled services in Gangaikondan, Tirunelveli, Tamil Nadu. Initially notified in 2009, the SEZ area was 40.480 hectares. Following a proposal by Electronics Corporation of Tamil Nadu Limited, an additional 76.893 hectares have been incorporated, increasing the total SEZ area to 117.373 hectares. The expansion includes specific survey numbers across the village of Gangaikondan. This notification was formalized on December 20, 2011, under the Special Economic Zones Act, 2005 and related rules.
VAT - Delhi
29.
F.7(400)/Policy/VAT/2011/1006-1018 - dated
28-12-2011
-
DVAT
Notification regarding e-payment for registered dealers and TAN holders
Summary: The notification mandates that all registered dealers and TAN holders under the Delhi Value Added Tax Act, 2004, must make payments of taxes, interest, penalties, or other dues exclusively through electronic payment methods starting from January 31, 2012. This is to be done via specified banks including HDFC Bank, AXIS Bank, State Bank of India, and others. A unique Challan Identification Number (CIN) will serve as proof of payment. Dealers must retain a signed and stamped copy of Part 'D' of the challan for their records. This notification supersedes a previous one from September 5, 2011.
Circulars / Instructions / Orders
Service Tax
1.
F. No. 137/21/2011 - dated
19-12-2011
Telecommunication service - Clarification on taxability in respect of International Private Leased Circuit (IPLC)
Summary: The circular addresses the taxability of International Private Leased Circuit (IPLC) services under the telecommunication service category as per the Finance Act, 1994. It clarifies that IPLC services are taxable only when provided by a licensed entity under the Indian Telegraph Act, 1985. Foreign telecom service providers are exempt from this taxability due to their inability to qualify as a telegraph authority under Indian law. The previous interpretation that IPLC services could be considered "business support services" is corrected, affirming their classification strictly as telecommunication services.
Highlights / Catch Notes
Customs
-
Customs Notification No. 89/2011 Amends Procedures Under Notification No. 36/2001-Customs(N.T) for Updated Regulations.
Notifications : Amends Notification No. 36/2001-Customs(N.T) dated the 3rd August 2001 - Ntf. No. 89/2011 Dated: December 30, 2011
-
India Revokes Anti-Dumping Duties on Specific Goods from Saudi Arabia per Notification No. 130/2011, Amending 119/2010-Customs.
Notifications : Seeks to amend notification no. 119/2010-Customs, dated 19th November, 2010 so as to revoke anti dumping duty on subject goods originating in or exported from Saudi Arabia - Ntf. No. 130/2011 Dated: December 30, 2011
-
Customs Notification 129/2011 Updates Duties and Procedures, Amends Notification 27/2011 for Compliance with Current Standards.
Notifications : Amends Notification No.27/2011-Customs, dated the 1st March, 2011 - Ntf. No. 129/2011 Dated: December 30, 2011
-
Customs Notification No. 120/2011 Amends 2002 Regulations: Key Changes for Stakeholders in Customs and Tax Sectors.
Notifications : Amends Notification No. 21/2002-Customs, dated the 1st March, 2002 - Ntf. No. 120 /2011 Dated: December 30, 2011
-
Amendment to 2004 Customs Notification Updates Compliance Provisions for Latest Tax and Customs Regulations.
Notifications : Amends Notification No. 69/2004-Customs, dated the 9th July, 2004 - Ntf. No. 119/ 2011 Dated: December 29, 2011
-
Amendment Updates 2006 Customs Notification to Align with Current Duties and Procedures for Streamlined Operations.
Notifications : Amends Notification No. 20/2006-Customs, dated the 1st March, 2006 - Ntf. No. 118/ 2011 Dated: December 29, 2011
-
Amendment to Customs Notifications: Updates to Import Duties and Compliance in Notification No. 117/2011.
Notifications : Amends Notification No 25/1999-Customs, dated 28th February, 1999, 22/2007-Customs, dated the 1st March, 2007 and 27/2011-Customs, dated the 1st March, 2011 - Ntf. No. 117/2011 Dated: December 29, 2011
-
Customs Notifications Amended: Changes to 25/1999, 22/2007, and 27/2011 via 117/2011 Effective December 29, 2011.
Notifications : Amends Notification No 25/1999-Customs, dated 28th February, 1999, 22/2007-Customs, dated the 1st March, 2007 and 27/2011-Customs, dated the 1st March, 2011 - Ntf. No. 117/2011 Dated: December 29, 2011
SEZ
-
New IT SEZ Established in Gangaikondan, Tamil Nadu u/s 4 of SEZ Act, Notification S.O. 2838(E.
Notifications : SEZ Act Under Section 4 - Set up a sector specific Special Economic Zone for information technology and information technology enabled service at Village Gangaikondan, Taluka Tirunelveli, District Trunelveli in the State of Tamil Nadu; - Ntf. No. S.O. 2838(E) Dated: December 20, 2011
Central Excise
-
Central Excise Officers appointed for service tax refunds under Notification No. 52/2011-Service Tax, December 30, 2011.
Notifications : Appointment of Central Excise Officers in relation to service tax refunds arising out of Notification No. 52/2011-Service Tax, dated 30.12.2011 - Ntf. No. 33/2011 Dated: December 30, 2011
-
Central Excise Rules Amended: Notification No. 32/2011 Updates Tax Framework for Improved Compliance and Streamlined Processes.
Notifications : Amends Central Excise Rules, 2002 - Ntf. No. 32/2011 Dated: December 30, 2011
-
Central Excise Notification No. 49/2008 Amended for HSN Changes Effective January 1, 2012.
Notifications : Amends Notification No. 49/2008-Central Excise (N.T.), dated the 24th December, 2008 to affect the HSN changes w.e.f. 01.01.2012
-
Central Excise Notification No. 30/2011 Amends Tax Provisions, Impacting Compliance and Procedures for Entities.
Notifications : Amends Notification No. 49/2008-Central Excise (N.T.), dated the 24th December, 2008 - Ntf. No. 30/2011 Dated: December 30, 2011
-
Amendment to Central Excise Regulations: Notification No. 45/2011 Updates Notification No. 21/2005-Central Excise.
Notifications : Amends Notification No. 21/2005-Central Excise, dated the 13th May, 2005 - Ntf. No. 45/2011 Dated: December 30, 2011
-
Amendment to Central Excise Notification No. 26/2001 Updates Duties and Procedures Reflecting Current Policy Objectives.
Notifications : Amends Notifiication No. 26/2001-Central Excise, dated the 11th May, 2001 - Ntf. No. 44/2011 Dated: December 30, 2011
-
Central Excise Notification No. 43/2011 Amended: Streamlining Tax Procedures and Compliance for Improved Regulatory Alignment.
Notifications : Amendment in the Various Notification - Ntf. No. 43 /2011 Dated: December 30, 2011
-
Central Excise Updates: Amendments to Notifications 62/1995 & 20/2005 for Revised HSN Codes Effective January 1, 2012.
Notifications : Amends notification Nos. 62/1995-Central Excise, dated the 16th March, 1995 and 20/2005-Central Excise, dated the 13th May, 2005 to affect the HSN changes w.e.f. 01.01.2012
VAT
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Banks Authorized to Process Electronic VAT and Sales Tax Payments to Streamline Tax Collection and Enhance Efficiency.
Notifications : Banks Authorized for e-payment - Ntf. No. .F.7(400)/policy/VAT/2011/641-654 Dated: September 5, 2011
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Electronic Tax Payments Mandated for Registered Dealers and TAN Holders to Boost Compliance Under VAT and Sales Tax -Payments.
Notifications : Notification regarding e-payment for registered dealers and TAN holders - Ntf. No. F.7(400)/Policy/VAT/2011/1006-1018 Dated: December 28, 2011
Case Laws:
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Income Tax
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2011 (12) TMI 135
Validity of re-opening of assessment u/s 147/148 of the Act – assessee had not questioned the re-opening before the A.O. and the CIT – change in opinion of A.O. - Held that:- The relevant facts/materials were available before the tribunal, when the assessee raised the additional plea challenging the very initiation of re-assessment proceedings on the ground that the jurisdictional pre-conditions were not satisfied. No new or fresh evidence was adduced before the tribunal. If the jurisdictional pre-conditions are missing and are absent, the assessee can object and question the reopening in the appellate proceedings. Further, the tribunal has observed that no fresh material had come to the knowledge or information of the Assessing Officer after passing of the first assessment order. Therefore, this is a case of change of opinion as this issue in question was examined in the original assessment proceedings.- Decided against the Revenue
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2011 (12) TMI 134
Addition on account of dis-allowance of interest and financial charges u/s 36(1)(iii) – Revenue contention that there is no co-relation between the utilization of borrowed funds and investments( selling off a segment of business to subsidiary & getting shares of it) made by it - Held that:- The Assessing Officer while disallowing the payment of interest and financial charges had failed to notice and given due credence to the fact that there was increase in interest payment this year, but the term loan and the credit facility had continued from the last year. Further, the assessee had declared a loss of Rs.1.88crs in the return filed for the assessment year in question. Lastly there are contradiction in the finding recorded by the Assessing Officer that involvement of the respondent in subsidiary company cannot be regarded as on account of business consideration.- Decided against the Revenue.
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2011 (12) TMI 126
Waiver of penalty – non-violation of provisions of Section 269T - repayment under the Golden Bonds Scheme – Held that:- Payment under the Golden Bonds Scheme was not repayment of any deposit, but was repayment of a loan and there was no violation of Section 269T, as it stood at that time (before 1st June, 2002). Further, no payment by way of cash was made but book adjustments were made.- Decided in favor of assessee.
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2011 (12) TMI 125
Deemed dividend – assessee received amount from its sister concern in oct 1997 claiming it to be business advance – advance to another sister concern transferred to assessee by book entry - assessee discontinued business from Oct 1997 – Held that:- On request of assessee the matter is remanded back to the CIT(A) with a direction to him to re-consider the matter afresh in the light of the Supreme Court decision in case of Commissioner of Income Tax Vs. Mukundray K. Shah (2007 -TMI - 6556 - SUPREME Court) and without in any way being influenced either by any observation made by him in the earlier order of revision or any observation made by court in this judgment and to pass appropriate orders in accordance with law.
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2011 (12) TMI 124
Exemption u/s 10(23C) – Prescribed authority denied approval/ exemption - petitioner has to satisfy that it came within the expression “other educational institution” - Held that:- Merely on the ground that petitioner is not recognized by the UGC or any Board constituted by the Government of India for imparting formal education in the field of western music and that petitioner is not itself awarding any certificate or degree to the students, it cannot be said that it does not qualify to be an educational institution”. It is observed that the word education connotes the process of training and development of knowledge, skill, mind and character of students by normal schooling hence, petitioner meets the requirements of an educational institution within the meaning of Section 10(23)(c)(vi) of the Act. Therefore, the prescribed authority is guided to deal with the assessee’s application for approval afresh in accordance with law in the light of the observations made. The writ petition is accordingly allowed.
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Service Tax
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2011 (12) TMI 132
Power of the Commissioner (Appeals) to remand - export of IT software - refund claim under Rule 5 of CENVAT Credit Rules 2004 read with Notification No. 5/2006 dated 14.3.2006 on input services used in the export of output services – Held that:- The Commissioner (Appeals) has examined and found nexus between the input services( viz telcom service, security agency, chartered accountant service etc) and the output services. In effect, the Commissioner (Appeals) has not remitted any issue on merits to be decided by the original authority. It is basically for quantification purposes based on the Chartered Accountant's certificate as envisaged in the Board's Circular dated 19.1.2010. - Decided against the Revenue.
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2011 (12) TMI 131
Refund of service tax to include education cess - Held that:- Board's Circular No. 134/3/2011-ST dated 8.4.2011 clarifies since Education Cess is levied and collected as percentage of service tax, when and wherever service tax is NIL by virtue of exemption, Education Cess would also be NIL. In view of the above, Order-in-Revision passed by the Commissioner to recover education cess from the refund granted on the ground that the exemption was only in respect of service tax and does not cover the education cess cannot be sustained.- Decided in favor of assessee.
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2011 (12) TMI 121
Plea for condonation of delay – rejection of appeal by Commissioner (Appeals) on the ground of limitation - Held that:- In this case, the delay is of 14 months and therefore the Commissioner has no powers whatsoever to condone the delay. Provisions of Section 85(3) are very clear and provide a specific time limit for filing appeal and therefore, if the provisions of Limitation Act are applied, the provisions of Section 85 of Finance Act, 1994 become redundant - Decided against the assessee.
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2011 (12) TMI 120
Eligibility of availment of CENVAT credit of service tax paid on the services provided by the foreign person (Foreign Commission Agent) – Held that:- Board Circular F.No.345/1/2008-TRU dated 27.06.2008 clarifies that the recipient of the service is required to pay service tax under Section 66A though the service is not actually provided by the recipient but by the foreign person. Such taxable services, are not treated as 'output services' however, service tax paid under Section 66A is available as 'input credit' under CENVAT Credit Rules, 2004 provided the said services are used as input services by the manufacturer or producer of final products or a provider of output taxable service. - Decided in favor of assessee.
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Central Excise
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2011 (12) TMI 127
Classification of pleasure vessel – designed & registered as pleasure vessel - Casino and entertainment activity - Held that:- Vessel in question on one hand is classifiable as a cruise ship under heading 8901 and on the other hand it is classifiable as a vessel for pleasure under heading 8903. In such a situation the Rules for interpretation of the classification come into play. Since the Rule 1,2, & 3 (a) or (b) are not applicable in the present situation, it is found that under Rule 3(c) when the goods cannot be classified by reference to Rule 3 (a) & (b) they shall be classified under heading which occurs last in the numerical order among those which equally merit consideration. Therefore, it is more appropriately classifiable under heading 8903 of the Central Excise Tariff. Matter is remanded back to original authority for deciding issue relating to valuation of vessel, limitation whether there was any suppression of facts and imposition of penalty. - Decided in favor of Revenue
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2011 (12) TMI 119
Credit of Service Tax in respect of courier services – period involved-April 2005 to October 2009 – Held that:- Courier services used for communication from factory to head office and the customers is definitely relatable to manufacture and thus admissible.
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